Divorce Questions & Answers

Q: Just moved back to California from Canada. How long do I have to wait to file for divorce. He still lives in Canada.

1 Answer | Asked in Divorce for California on May 12, 2015

Answered on May 16, 2015

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Andy Chen's answer
You have to live in CA for the 6 months immediately preceding the filing of the case. You have to live in the county in CA in which you file your case for the 3 months immediately preceding the filing of the case.

Andy

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Q: Does the petitioner have to contact childcare services to deduct monies from the respondents employer?

2 Answers | Asked in Divorce for Florida on May 14, 2015

Answered on May 15, 2015

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Robert Jason De Groot's answer
Attorneys deal with facts and the law, without the facts we cannot apply the law. I do not know why you ask this particular question because you gave no facts.

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Q: Does a new order of modification nullify everything in the previous order when child custody and support where changed?

1 Answer | Asked in Divorce for Alabama on May 7, 2015

Answered on May 13, 2015

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Joseph A Ingram's answer
Generally, the modification order would only apply to the issues modified from the divorce decree. However, that being said, I would need to read the Divorce Agreement and Modification Order to be sure. I hope this helps.

Please feel free to call if I can help. Joseph A. Ingram, Ingram Law LLC

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Q: My mom was told by her husband he was leaving her. She saw a lawyer and he told her she is screwed.

1 Answer | Asked in Divorce for Alabama on Apr 22, 2015

Answered on May 13, 2015

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Joseph A Ingram's answer
I am not if your mom is screwed and I would never tell a client that unless it was true. That being said, it depends non what your father made as income. Your mom may be able to show the court abuse. In Alabama, after ten years, a spouse is entitled to half of a retirement account, unless your father had equal savings as well.

It does not sound like she wants to stay in the marriage, and money is never a reason to stay in an unhappy marriage.

as to the inherited money,...

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Q: How long it takes for a divorce to be final after running a 30 day ad in newspaper

1 Answer | Asked in Divorce for Alabama on Apr 26, 2015

Answered on May 13, 2015

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Joseph A Ingram's answer
I presume you filed for a Divorce by publication in a newspaper of general circulation for (30) days. If you have counsel, after the ad has run its course, then a Motion for Default Judgment is required to be filed with the court. the court will set a hearing date and then yo will be granted a divorce. Please keep in mind that if you do not have personal service of your spouse, the court will not grant you child support or alimony, just a divorce according to law.

if you do not...

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Q: Can I lose my pre-marriage possessions (car, house, motorcycle, etc) in a divorce, if they're all in my name?

1 Answer | Asked in Divorce for Maryland on Apr 30, 2015

Answered on May 12, 2015

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Evan M. Koslow's answer
If the asset is in your sole name you will keep it (even if purchased during the marriage). Depending on if you put any money towards these assets, your spouse may have an interest in them when it comes time to a judge deciding, what, if any, monetary award should be provided to either of you.

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Q: If I been married for 5 months, can I get a divorce without separating. How long will it take before I am Divorce.

1 Answer | Asked in Divorce for Maryland on Apr 30, 2015

Answered on May 12, 2015

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Evan M. Koslow's answer
unfortunately, unless one of you cheated on the other or there was physical harm, you will have to wait longer then you were married to actually get divorced (12 months from last time lived under same roof and/or had sexual relationships) to file.

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Q: If im in the middle of a divorce and my girl freind gets pregnant can it be used against me?

1 Answer | Asked in Divorce for South Carolina on Mar 24, 2015

Answered on May 6, 2015

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Andrew "Andy" Potter's answer
Yes, it possibly can be used to prove adultery. You need to hire an attorney to represent you on your divorce so that your rights can be protected.

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Q: Can my wife be entitled to my 401k that I had set up before we met?

1 Answer | Asked in Divorce for South Carolina on Mar 28, 2015

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
Not knowing all the facts from your question, generally, a spouse is entitled to 1/2 of all property gathered or gained during the marriage absent unusual circumstances. You need to hire an attorney to better evaluate your situation and protect your interests in the 401K.

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Q: my husband left me for another woman . have a sick father in nc and she stayed with him every time I went. adultery?

1 Answer | Asked in Divorce for South Carolina on Apr 16, 2015

Answered on May 5, 2015

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Andrew "Andy" Potter's answer
Yep. It sounds like adultery. You need to hire an attorney immediately so that your rights can be protected and a temporary hearing can be held to handle the problems you are having. Hire an attorney immediately.

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Q: How can two inmates in GA get a divorce?

1 Answer | Asked in Divorce for Georgia on Apr 24, 2015

Answered on May 2, 2015

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Julie A. Rice's answer
Yes, to make sure that this is done properly, they should each have an attorney. It sounds like they have no property and no children so this should not be complicated or expensive. One person needs to be the plaintiff and the other the defendant. The plaintiff's attorney needs to prepare the summons, complaint, acknowledgement of service and agreement to take the final divorce 31 days after service, an acknowledgement of jurisdiction, a verification, and the domestic relations financial...

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Q: do i have to divorce in my resident county in flcan i take money from our joint account to pay for my divorce

2 Answers | Asked in Divorce for Florida on Apr 29, 2015

Answered on Apr 29, 2015

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Robert Jason De Groot's answer
The proper venue is the county where the people last resided together as husband and wife. Get an attorney on your side.

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Q: Can my ex husband still be responsible for our mortgage. Both names are still on the mortgage.

1 Answer | Asked in Divorce for Indiana on Apr 11, 2015

Answered on Apr 29, 2015

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Timothy Coe's answer
He can, but that doesn't mean he necessarily will. If he is to be responsible for the mortgage, you will have to move out and sign a quit claim deed to him. He will then need to refinance the house solely in his name.

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Q: Husband wants divorce, no kids--9 years married. His name only on house, I'm disabled have low income. Will we split all

1 Answer | Asked in Divorce for Indiana on Apr 23, 2015

Answered on Apr 29, 2015

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Timothy Coe's answer
More information is needed to answer your question accurately. Every divorce, just like every marriage, is unique to the people and circumstances. It would be best to talk to a local attorney who can know all of the facts to answer your specific questions.

Best of luck!

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Q: I've been married alomst 4 yrs in indiana. I inhereted my home. Is she entitled to anything.............jeff

1 Answer | Asked in Divorce for Indiana on Apr 26, 2015

Answered on Apr 29, 2015

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Timothy Coe's answer
Probably. There are way too many factors to consider in this question without more facts to give an accurate answer. The best thing to do is either give all the facts, which I wouldn't recommend in an open forum like this, or talk to a local lawyer who can know all of the facts.

Best of luck.

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Q: If vehicles are in my name and I add another name to title is it Left Out Of divorce

1 Answer | Asked in Divorce for Indiana on Apr 26, 2015

Answered on Apr 29, 2015

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Timothy Coe's answer
No, that would be seen as trying to hide assets from the court and can get you in a lot of trouble. If you got the vehicle during the marriage it is considered marital property and thus subject to division if the parties cannot agree to some kind of equitable arrangement.

Don't think that you're going to pull a fast one on the court, it's just a bad idea all around.

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Q: I had a civil marriage and a religious marriage in Canada, but got a divorce in Greece, am I legally divorced for Canada

1 Answer | Asked in Divorce on Apr 28, 2015

Answered on Apr 29, 2015

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Timothy Coe's answer
So long as all of the rules that Greece has for a divorce were followed then Canada Should recognize the divorce. But, I don't practice law in either country, so take what I say with a grain of salt. Any state in the U.S. would recognize a Greek divorce, so that's what I'm basing that answer on. I'd recommend talking to a Canadian lawyer.

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Q: I have been married for 3 years. Can my wife still take my pension and annuity?

1 Answer | Asked in Divorce for Indiana on Apr 27, 2015

Answered on Apr 29, 2015

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Timothy Coe's answer
Typically only the portion of the pension that was earned while married is subject to a split of marital property. But these issues get very technical and sometimes complicated to do a Qualified Domestic Relations Order QDRO. I would definitely recommend talking to an attorney.

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Q: I put my wife's name on my house title after a year of marriage is she entitled to anything

1 Answer | Asked in Divorce for Arizona on Mar 24, 2015

Answered on Apr 27, 2015

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Jay Hall's answer
Assets generally are considered sole and separate property when purchased prior to marriage. Sole and separate property retains that character during marriage with few exceptions.

This analysis is extremely nuanced though and depends on specific facts of the situation. I would encourage you to consult with a local family lawyer for a more thorough answer.

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Q: Can he sue for spousal support and win?

1 Answer | Asked in Divorce for Arizona on Mar 25, 2015

Answered on Apr 27, 2015

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Jay Hall's answer
If neither spouse requested spousal support in the initial pleadings, it may be deemed waived. I would encourage you to consult with a local family lawyer for more detailed evaluation of your case, but from what you provided it seems like spousal support is unlikely.

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